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Larceny - Retribution

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lroten

Guest
NC - My wallet was stolen or lost then stolen here in NC and my credit cards were used fradulently in another state (VA). Luckily, the people were caught. My question is how do I go about seeking retribution from them for my wallet and it's contents? The first to be arrested was charged & found guilty with defrauding a hotel and the second goes to court at the end of Nov on the same charges but what about retribution to ME?? What do I do?
 


JETX

Senior Member
Are you entitled to restitution?? The reason I ask is that if you did this properly and contracted the creditor, they would have you file a 'fraud affidavit' and then remove the charges from your account. If they did that, then you really have not been 'damaged' (to recover).

However, if you did actually PAY the credit companies for those fraudulent charges (unlikely) then you could pursue a civil case against the subjects and use their convictions to support your claim against them.
 
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lroten

Guest
Larceny - retribution

I am talking about retribution for the cash that was in my wallet and the over $200 of gift cards, the cost of replacing the wallet and driver's license. The hotel gets retribution for the fraud, but what about the victim's wallet and personal contents?? Am I out the cash, gift cards, etc? Does not seem fair to the victim whose wallet was stolen.
 

JETX

Senior Member
There are two ways that you might consider doing this.

1) Contact the DA and ask them to include restitution (for your non-compensed) losses as part of any plea-bargain arrangement, or
2) You could file a separate civil action against the person who did this. The obvious problems with this option is that you would have to prove they did it and what the losses were, then have to try to collect it yourself.
 
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lroten

Guest
Do I contact the DA in NC where the wallet was stolen or in VA where the fraud took place?

I have contacted both & neither one has been helpful at all. Maybe I not wording what I need clearly?? The DA in NC said I would have to file something that cost $55 & IF I win I get that back. I don't want to be out ANOTHER $55 on top of what I already lost. It would be really hard to prove since I did not realize my wallet was gone until the morning after. I have no proof other than when I called my cc company, they told me the card had been used at a hotel. I called the hotel & the person was still there. I asked the hotel to cal the police & they were arrested. That person said they got it from another person, who will go to court next month on the same charges the first was found guilty of (defrauding a hotel). I am so glad they were caught, but it I feel I am entitled to get back what was taken from me and I seems that I am SOL.

Seems like I could say something in court next month about my losses.
 

Beth3

Senior Member
Contact the DA in the State who is prosecuting the case.

By the way, you are seeking RESTITUTION for your out-of-pocket expenses, not retribution.
 
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lroten

Guest
Ok. Thank you very much. Is there anything else I need to state other than I am seeking restitution?
 

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